Tuesday, 5 August 2014

Morals Blogs: Capital Punishment: Deterrence

Capital Punishment Pt. 3

2. Deterrence

At the mere mention of capital punishment as 'deterrence' a swag of intellectuals and their acolytes will sagely nod their heads and chime: “But we all know that deterrence doesn't work!.” Do we know this? We know it is loudly claimed by social progressives. But do we know it is true? I think not. However that is a debate I will in main leave to others.

In this blog I am looking, like Kant, more at a metaphysics of the groundwork of morals.

So far I have established that the only valid foundation for moral theory is God's moral character. As to insight into God's character: I have established that the Bible is the best thing we have going for us.

For turning insight into answers to modern problems:

a) I have rejected the fraught method of debate called “proof text”-ing. This is a method whereby opponents who are usually equally flawed specimens of humanity scour the Bible to find convenient verses which seem to support their case. They have already decided that their case is “right” with little or no reference to God's moral character. And they hurl these texts like javelins at each other to try to score points.

b) In its place I suggest that we need all the resources of the “expert in the field” - be it jurisprudence, medicine, business or whatever field of human endeavour we have under the microscope, combined with the workings of a fully formed moral character. Such a character, or conscience, can only be formed by long exposure to and habitual shaping into the character of God as revealed in the person of Christ and the record of the Bible. In old fashioned words: a god-fearing person.

My search in this post is simply this: Does the Bible have anything to say about “deterrence” as a reason for capital punishment.

I found the answer in some passages dealing with ancient Israel. Their situation was different to ours, and so the prescription God gave for them does not apply to us. That is important to remember! However the reasons given do have a life of their own.

The book of Deuteronomy is set as Moses' farewell speech. Part of it deals with the very real danger to the life of their theocratic nation of turning away from God to the pagan religions of the land they are to enter.

In 13:1ff the case of the false prophet is dealt with. Verse 5 instructs: “that prophet or dreamer must be put to death … You must purge the evil from among you”

In 13:6 ff the issue of loved ones suggesting worshipping other gods is raised. “If your very own brother or your son or daughter or the wife you love or your closest friend entices you saying 'let us go and worship other gods' … Show him no pity, do not spare him or shield him. You must certainly put him to death. … Then all Israel will hear and be afraid, and no one among you will do such an evil thing again.”


Again in Chapter 21 a command to execute a class of criminal is backed up by the reason (v.21) “You must purge this evil from among you. All Israel will hear of it and be afraid.”

No, these prescriptions do not apply to us, but, and this is the point I am making: clearly God is saying that one valid reason for capital punishment is its deterrence value.

My conclusion is that where a crime is so evil and depraved that all people cannot help but say: “such a thing must not happen in our land!” then one reason for making it a capital crime is that it will deter others from committing it.


Next post: Purging communal guilt



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